December 15, 2015

GLEN BURNIE HAULING, INC. and TROJAN HORSE LTD. v. UNITED STATES POSTAL SERVICE

PSBCA Nos. 6523-38

DISMISSAL

By Order dated September 15, 2015, the Board granted a motion by Appellants’ counsel to withdraw.  Appellants were ordered to advise whether they would retain new counsel or proceed pro se no later than October 13, 2015.  Appellants did not respond.

By Order dated October 23, 2015, Appellants were ordered to file a status report explaining whether they would proceed either with new counsel or pro se no later than November 2, 2015.  Appellants did not respond.

Between November 2 and 13, 2015, the Board attempted to telephone Appellants’ office of record more than five times to schedule a telephone conference.  The telephone was not answered and Appellants were not accepting voice messages.

By Order to Show Cause dated November 12, 2015, Appellants were ordered to show cause by December 3, 2015 why the Board should not dismiss this litigation with prejudice for failure to prosecute.  Appellants did not respond to the Order to Show Cause.

By its failure to respond to the Board, Appellants have indicated their intent not to prosecute this litigation.  See 39 C.F.R. § 955.32 Dismissal for Failure to Prosecute.  Accordingly, these appeals are dismissed with prejudice.

Peter F. Pontzer
Administrative Judge
Board Member

I concur:

Gary E. Shapiro
Administrative Judge
Chairman

Alan R. Caramella
Administrative Judge
Board Member